Terms of Service

Timaru Web Hosting offers storage & services over the Internet through access to its Web Server's, and you, as the Client, seeks to utilize our Web Hosting Server's as a home for your website's. We promise to deliver this service with skill and care.
Please take your time to read our Terms of Service.

General Use

Timaru Web Hosting does not allow storage and/or display of the following material on its servers. This includes uploading to web sites, or transmitting by any material (by e-mail, uploading, posting or otherwise).

Adult Sites: We prohibit any adult (pornographic) web-sites on our servers, including pedophile sites, sites linking to pornographic sites (outside links) and pornographic advertisements on your own site.
Illegal use: Timaru Web Hosting services may not be used for illegal purposes, or in support of illegal activities.
Copyright or trademark infringement: Use of the Timaru Web Hosting service to transmit any material (by e-mail, uploading, posting, hot linking, directly linking or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
Distribution of Viruses, Spyware, and Malware: Distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Distribution of software that monitors computer or computer user activity without the computer user\'s knowledge and consent is prohibited.

Content

Using an account as a backup/storage device is not permitted, with the exception of using cPanel backup of the same account.

Examples of unacceptable material on all hosting accounts include:
• Topsites
• IRC Scripts/Bots
• Proxy Scripts/Anonymizers
• Pirated Software/Warez
• Image Hosting Scripts (similar to Photobucket or Tinypic)
• AutoSurf/PTC/PTS/PPC sites
• IP Scanners
• Bruteforce Programs/Scripts/Applications
• Mail Bombers/Spam Scripts
• Banner-Ad services (commercial banner ad rotation)
• File Dump/Mirror Scripts (similar to rapidshare)
• Commercial Audio Streaming (more than five streams)
• Interest Programs or Related Sites
• Sale of any controlled substance without prior proof of appropriate permit(s)
• Lottery/Gambling Sites
• MUDs/RPGs/PBBGs
• Hacker focused sites/archives/programs
• Sites promoting illegal activities
• Forums and/or websites that distribute or link to warez/pirated/illegal content
• Bank Debentures/Bank Debenture Trading Programs
• Push button mail scripts
• Broadcast or Streaming of Live Sporting Events on Pay TV
• Tell A Friend Scripts
• Anonymous or Bulk SMS Gateways
• Bitcoin Miners

Spamming

Spamming (sending unsolicited commercial or bulk emails) using our servers is strictly not allowed. DO NOT SEND SPAM EMAIL FROM OUR SERVERS.

Sending spam emails which include links to a web site hosted on one of our servers is also forbidden. We reserve the right to suspend or terminate any site that is linked to from spam emails.

To protect our servers we may impose limits on the number of emails sent within a particular time frame from our servers.

Scripts

You are responsible for ensuring that any scripts that you install do not compromise the security of our servers. This includes, but is not limited to:

ensuring that it is not possible to abuse such scripts to gain access to the file system of the server.
ensuring that it is not possible to abuse such scripts to send emails to third parties.
ensuring that you update any installed scripts with the latest releases, which often contain security fixes.
If a script installed on your site is compromised, we may require a clean up of your site.

Where we provide an automatic script installer we may update installed scripts to the latest releases.

Backups

You are solely responsible for maintaining adequate backups of your content. Our Web Server backup service runs once a day, and one week of the latest backups are kept. This service is provided to you as a courtesy. Timaru Web Hosting is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Timaru Web Hosting servers. All game servers are backed up monthly, we recommend once you have finished modifying to the way you want your game server please use FTP to transfer the whole server to your computer as a backup. If the game is very large in file size then we can backup on a local network please contact us if you would like this service.
We may provide a backup service for your site, however, we do not accept responsibility for any failure of our backup mechanism. We will restore your site from backup without charge once per year. If further restorations are necessary, we charge a $50 NZD fee for doing so.

Technical Support

Timaru Web Hosting provides normal technical support to our customers via Email, Support Ticket System or Contact. Timaru Web Hosting does not offer free advanced technical support for application specific issues such as PHP or cgi programming, html, script installation or any other such issue. There most common way that can help with such issues is Google what your stuck on first, then use our support via Email, Support Ticket System or Contact.
You may use our advanced technical support for issues which are not covered by our normal support. For a cost estimate for advanced technical support please use Email, Support Ticket System or Contact in the members area describing the support you require and we will reply with a cost if you would like the advanced support started you have to pay in advance before support commences. Any advanced support that does not work like you asked then your payment will be 100% refunded.

Changes to this Website

We may make improvements or changes to the information, services, products and other materials on this Website, at any time without notice. We may also modify these Terms of Service at any time, and such modification shall be effective immediately upon posting of the modified Terms of Service on this Website. Accordingly, your continued access or use of this Website is deemed to be your acceptance of the modified Terms and Conditions.

Domain Name Dispute Policy

Timaru Web Hosting is not responsible for resolving any domain disputes. If you have a complaint about the issue of ownership or wording of the domain name itself (as opposed to the content hosted on the associated website), that matter will need to be taken up with the domain name owner directly, or should be filed in a UDRP or court proceeding. Our internal policies, as well as ICANN regulations, prevent us from acting as the arbiter of domain name disputes; we are only able to assist with complaints regarding the content of a hosted website (as opposed to the wording of the domain name registered).

ICANN's Uniform Domain Name Dispute Resolution Policy (the “UDRP”) is a method for resolving domain disputes relating to abusive domain registrations (for example, cybersquatting or trademark infringement). Please refer to http://www.icann.org/en/help/dndr/udrp for more information.

Returns and Refund Policy

Refund Policy

New Hosting Accounts
Timaru Web Hosting takes pride in the service we provide and are under no obligation to provide refunds following a purchase unless we are unable to provide the service described. However, if you are not satisfied with our Web Hosting Services for any reason, and you contact us within the first 15 days of your first payment, you will be given a refund of the full amount, excluding any setup/credit card fees and overages. You will need to provide the reason for cancellation.
Please Note: If payment was via Credit Card, 2.75% transaction fee charged by the bank will be deducted off the refund amount.

Hosting Renewals
You must notify Timaru Web Hosting before or within 15 days of the Renewal Date if you wish to cancel an account. Timaru Web Hosting does not offer prorated refunds for cancellation requests submitted after 15 days of the renewal date.

Domain Names
Domain name registration fees are not refundable.

All refunds are at the discretion of the Timaru Web Hosting Manager. Should you wish to discuss a refund, please submit a support ticket by clicking here

Returns
Timaru Web Hosting provide all services from this website in compliance with the New Zealand Consumer Guarantees Act 1993 (which guarantees that any goods purchased for personal use may be returned if considered faulty, for repair, replacement or refund of purchase price within a reasonable period of time as defined by the Act), the services we provide are electronic and cannot be returned. If a hosting service we provide is verifiably deemed faulty, we will replace the service with an equivalent package without charge. Domain name purchases cannot be returned under any circumstances.

Termination and Suspension

You may terminate your hosting at any time by advising us via a support ticket that you wish to do so.

We may suspend any or all of your services where we have reason to suspect a violation of our terms and conditions whilst we investigate the suspected violation. We may suspend your services where we have reason to suspect that a script installed on your site is being abused whilst we investigate the suspected abuse.

Automatic Service Renewal

When you have a service with Timaru Web Hosting, your account will be enabled with auto-renewal, which means that when your renewal date arrives for your service e.g. 1 month, 3 month, 6 month, 12 months on your Domain, Hosting, Game Server you will be sent a Reminder one month before with the invoice via Email. This will need to be paid by the date printed on your invoice or your service could be suspended. If you would not like to renew your account, you must cancel 30 days or more before your renewal date. If you have any questions as to when your renewal date is, simply login to your account, or contact us. If you fail to cancel 30 days before your renewal date, your account will be renewed for a new term, so please be sure to fill out a support ticket before your renewal date via you client login if you do not want to renew. The service will become non-refundable if you pay then cancel.

Timaru Web Hosting do not have any hidden fees (such as account setup), nor late payment penalty fees on overdue Hosting & Game Server accounts that are overdue by 30 days will however, be suspended until account payment is made. We thank you for your prompt payment.

If more than 60 days pass from the date on which any invoice for the Domain, Hosting, Game services is due and we have not received payment in full, Timaru Web Hosting shall have the right to delete all data you have uploaded to the servers.You hereby acknowledge that this is Timaru Web Hosting policy when it comes to data retention, and waive all rights in and to your data in these situations.

Delivery Service Times & Delivery Charges

Timaru Web Hosting will deliver your selected Domain, Hosting, Game Server related service to you following successful processing of invoice payment. For our Secure Payment Gateway Credit Card transactions that are successful, All services will be provisioned within 24-hours of ordering with the Focus to have your service working between 15 Minutes to 3 hours. Orders with manual Internet Banking, Cash, Cheque payments will be provisioned between 24-48 hours of the funds being received into our bank account. When Payment is Successful you will receive an Email to give you a Time Frame on when your service or services will be working. If you have not received an Email or your Services within the expected and outlined time frames, please contact us immediately.
All Timaru Web Hosting services displayed on this website are electronic services and are therefore not subject to delivery charges or account setup fees.

Our Service Guarantees

Nothing is more important than your website and emails are functioning 24/7. With the goal of maintaining the most reliable service the Primary Data-Center we manage our self's which we live with them in the same property the house is on, The Second Data-Center is located in Timaru as well running Cluster DNS & Backups daily. If there is any problems we will know very quickly & resolve asap

Disproportionate loads placed on the server

The use of your account must be reasonable and you may not place excessive burdens on our servers. While our shared services are suitable for the bulk of our customers, there might be a time that your website(s) are better suited for a larger hosting package or needing more server resources than normal websites, which allows for more dedicated CPU and memory resources. We reserve the right, in our sole discretion, to discontinue service to any customer with a website or other hosted data that uses a high amount of server resources (such as, but not limited to, CPU Time, Memory Usage, and Network Resources). At our election, you will be given an option of either upgrading the service level or reducing the resource usage to an acceptable level, otherwise we reserve the right to limit your use of our servers or take your site offline. Due to the severity of this, and our ability to act quickly to correct these situations to avoid server issues, we will do everything reasonably feasible to provide you with a warning prior to taking your site offline, but we accept no obligation to do so.

Website Security

Timaru Web Hosting utilizes advanced, industry standard, tools and protocols to keep our servers secure and to mitigate potential threats. These tools cannot secure against all possible threats however. Because of this, it is customer's sole and exclusive responsibility to determine if the security measures Timaru Web Hosting employs are appropriate for their needs. In particular, customers must ensure that scripts, applications, or programs used in conjunction with their website/account are secure and up to date.

This includes, but is not limited to, updating scripts, applications, or programs to the latest secure version available; maintaining and updating of passwords or other login credentials on an ongoing basis to ensure the security of their site and the security of other users on the server. Any scripts, applications, or programs available via the control panel interface are solely the customer's responsibility to update and secure.

Timaru Web Hosting will not be liable for loss or damages of any kind, under any legal theory, caused by the customers failure to comply with the foregoing security obligations or caused by any person to whom the customer grants access to the services we provide.

Customers agree to notify Timaru Web Hosting asap of their discovery of any unauthorized uses of their services or any other breaches of security, and to cooperate fully, at Customer's expense, with any investigation and mitigation activities Timaru Web Hosting deems necessary.

Clean Up

If we suspect that activities performed by you or a third party on your hosting account, whether deliberate or not, may compromise the security of our server or any other server or computer, we may require a clean up to be performed.

A simple clean up will be provided free of charge, resulting in total loss of existing data on your hosting account. You should then restore the site from your backups.

Violations

If you violate our terms and conditions we may terminate or suspend (temporarily or indefinitely) any services you have with us. In this case no refund will be given for any payments that have been, or are made by you to us.

Reseller

Resellers are responsible for supporting their Clients. Timaru Web Hosting does not provide support to our Reseller's Clients. If a Reseller's client contacts us, we reserve the right to place the Client account on hold until the Reseller can assume their responsibility for their Client. All support requests must be made by the Reseller on their clients' behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their Reseller account and the actions of their clients'. Timaru Web Hosting will hold any Reseller responsible for any of their clients actions that violate the law or the terms of service.

Price Change

The amount you pay for Any Service with Timaru Web Hosting will never increase from the date of purchase. We reserve the right to change prices listed on Timaru Web Hosting website and the right to increase the amount of resources given to plans at any time.

Server Maintenance

We might have, from time to time, to perform maintenance, upgrades or replacements to our servers. We reserve the right to suspend access to such server during the required time to do the maintenance, upgrade or exchange the server, The times we will perform this will be early hours between 1am-5am. In this event, the users will be sent an e-mail at least 48 hours before the due date and time for maintenance.

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